[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Unknown Section]
[Pages 40118-40131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15496]
[[Page 40117]]
Vol. 76
Thursday,
No. 130
July 7, 2011
Part XIV
Environmental Protection Agency
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 /
Unified Agenda
[[Page 40118]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[9267-5]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2010-0169
EPA-HQ-OW-2010-0728
Spring 2011 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory flexibility agenda and semiannual
regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) publishes the
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at http://www.regulations.gov to update the public
about:
Regulations and major policies currently under
development,
Reviews of existing regulations and major policies, and
Rules and major policymakings completed or canceled since
the last agenda.
Definitions
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register but
that now is only available through an online database.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish it in the Federal Register because that is what is required by
the Regulatory Flexibility Act of 1980.
``Monthly Action Initiation List'' (AIL) refers to a list that EPA
posts online each month of the regulations newly approved for
development.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
``Rulemaking Gateway'' refers to an online portal to EPA's priority
rules with earlier and more frequently updated information about these
priority actions. See section H for more information about the
Rulemaking Gateway.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Phil Schwartz
(schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-2855).
To be placed on a mailing list for updated information on rules
under development: If you would like to receive an e-mail with a link
to new semiannual regulatory agendas as soon as they are published,
please send an e-mail message with your name and address to: lmit.com">nscep@bps-lmit.com and put ``E-Regulatory Agenda: Electronic Copy'' in the
subject line.
If you would like to regularly receive information about the rules
newly approved for development, sign up for our monthly Action
Initiation List by going to http://www.epa.gov/lawsregs/search/ail.html#notification and completing the steps listed there.
You can track progress on various aspects of EPA's priority
rulemakings by signing up for RSS feeds from the Rulemaking Gateway at
http://yosemite.epa.gov/opei/RuleGate.nsf/content/getalerts.html?opendocument.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda Information
B. What Are EPA's Regulatory Goals and What Key Principles,
Statutes, and Executive Orders Guide Our Rule and Policymaking
Process?
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
D. What Actions Are Included in the Regulatory Agenda?
E. How Is the E-Agenda Organized?
F. What Information Is in the Regulatory Flexibility Agenda and the
E-Agenda?
G. How Can You Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
H. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?
I. Reviews of Rules With Significant Impacts on a Substantial Number
of Small Entities
J. What Other Special Attention Do We Give to the Impacts of Rules
on Small Businesses, Small Governments, and Small Nonprofit
Organizations?
K. Thank You for Collaborating With Us
A. Map of Regulatory Agenda Type Information
----------------------------------------------------------------------------------------------------------------
Type of information Online locations Federal Register location
----------------------------------------------------------------------------------------------------------------
Semiannual Regulatory Agenda............. http://www.reginfo.gov/, http:// Not in FR
www.regulations.gov, and http://www.epa.gov/lawsregs/search/regagenda.html.
Semiannual Regulatory Flexibility Agenda. http://www.reginfo.gov/, Part XIV of today's issue
www.regulations.gov, and http://www.epa.gov/lawsregs/search/regagenda.html.
Monthly Action Initiation List........... http://www.regulations.gov/ Not in FR
fdmspublic/component/
main?main=DocketDetail&d=EPA-HQ-
OA-2008-0265 and http://www.epa.gov/lawsregs/search/ail.html.
Rulemaking Gateway....................... http://www.epa.gov/rulemaking/... Not in FR
----------------------------------------------------------------------------------------------------------------
B. What Are EPA's Regulatory Priorities, and What Key Principles,
Statutes, and Executive Orders Guide Our Rule and Policymaking Process?
Priorities
Our priorities for fiscal years 2011-2015 are laid out in our FY
2011-2015 Strategic Plan which includes five over-arching strategic
goals and five cross-cutting fundamental strategies for how we approach
our work. The five strategic goals are:
1. Taking Action on Climate Change and Improving Air Quality;
2. Protecting America's Waters;
3. Cleaning Up Communities and Advancing Sustainable Development;
4. Ensuring the Safety of Chemicals and Preventing Pollution;
5. Enforcing Environmental Laws.
And the five fundamental cross-cutting strategies are:
1. Expanding the Conversation on Environmentalism;
2. Working for Environmental Justice and Children's Health;
3. Advancing Science, Research, and Technological Innovation;
[[Page 40119]]
4. Strengthening State, Tribal, and International Partnerships;
5. Strengthening the EPA's Work Force and Capabilities.
To see the entire Strategic Plan; see the link at http://www.epa.gov/planandbudget/strategicplan.html.
Other Key Principles, Statutes, and Executive Orders Guiding Our Rule
and Policymaking Process
EPA's strength has always been our ability to adapt to the
constantly changing face of environmental protection as our economy and
society evolve, and science teaches us more about how humans interact
with and affect the natural world. Now, more than ever, EPA must be
innovative and forward looking because the environmental challenges
faced by Americans all across our country are unprecedented.
In addition to meeting its mission goals and priorities as
described above, EPA has begun a new initiative under Executive Order
(EO) 13563, Improving Regulation and Regulatory Review, to conduct
periodic retrospective review of existing significant regulations. This
review is intended to determine whether any such regulations should be
modified, streamlined, expanded, or repealed, so as to make the
Agency's regulatory program more effective or less burdensome in
achieving the regulatory objectives. More information about this review
is available at http://www.epa.gov/improvingregulations/.
Besides the fundamental environmental laws authorizing EPA actions
such as the Clean Air Act and Clean Water Act, there are legal
requirements that apply to the issuance of regulations that are
generally contained in the Administrative Procedure Act, the Regulatory
Flexibility Act as amended by the Small Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates Reform Act, the Paperwork Reduction
Act, the National Technology Transfer and Advancement Act, and the
Congressional Review Act. We also must meet a number of requirements
contained in Executive Orders 12866 (Regulatory Planning and Review; 58
FR 51735; October 4, 1993; as supplemented by Executive Order 13563,
Improving Regulation and Regulatory Review; 76 FR 3821; January 21,
2011), 12898 (Environmental Justice; 59 FR 7629; February 16, 1994),
13045 (Children's Health Protection; 62 FR 19885; April 23, 1997),
13132 (Federalism; 64 FR 43255; August 10, 1999), 13175 (Consultation
and Coordination With Indian Tribal Governments; 65 FR 67249; November
9, 2000), 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use; 66 FR 28355; May 22, 2001).
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. We encourage you to participate
as early in the process as possible. You may also participate by
commenting on proposed rules that we publish in the Federal Register
(FR).
Instructions on how to submit your comments are provided in each
Notice of Proposed Rulemaking (NPRMs). To be most effective, comments
should contain information and data that support your position, and you
also should explain why EPA should incorporate your suggestion in the
rule or nonregulatory action. You can be particularly helpful and
persuasive if you provide examples to illustrate your concerns and
offer specific alternatives.
EPA believes our actions will be more cost-effective and protective
if the development process includes stakeholders working with us to
help identify the most practical and effective solutions to problems.
Democracy gives real power to individual citizens, but with that power
comes responsibility. You are urged to become involved in EPA's rule
and policymaking process. For more information about public involvement
in EPA activities, please visit www.epa.gov/publicinvolvement.
D. What Actions Are Included in the E-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations and certain major policy documents in the
e-Agenda. However, there is no legal significance to the omission of an
item from the agenda, and EPA generally does not include the following
categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the Clean Air Act: Revisions to State Implementation
Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions
from the New Source Performance Standards source categories list;
Delegations of Authority to States; Area Designations for Air Quality
Planning Purposes;
Under the Federal Insecticide, Fungicide, and Rodenticide
Act: Registration-related decisions, actions affecting the status of
currently registered pesticides, and data call-ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under the Resource Conservation and Recovery Act:
Authorization of State solid waste management plans; hazardous waste
delisting petitions;
Under the Clean Water Act: State Water Quality Standards;
deletions from the section 307(a) list of toxic pollutants; suspensions
of toxic testing requirements under the National Pollutant Discharge
Elimination System (NPDES); delegations of NPDES authority to States;
Under the Safe Drinking Water Act: Actions on State
underground injection control programs.
The Regulatory Flexibility Agenda normally includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act. We are closing the 610
review for two rules in 2011.
E. How Is the E-Agenda Organized?
You can now choose how both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda are organized. Current
choices include: EPA subagency; stage of rulemaking, which is explained
below; alphabetically by title; and by the Regulation Identifier Number
(RIN), which is assigned sequentially when an action is added to the
agenda.
Stages of rulemaking include:
1. Prerulemaking--Prerulemaking actions are generally intended to
determine whether EPA should initiate rulemaking. Prerulemakings may
include anything that influences or leads to rulemaking, such as
Advance Notices of Proposed Rulemaking (ANPRMs), studies or analyses of
the possible need for regulatory action, announcement of reviews of
existing regulations required under section 610 of the Regulatory
Flexibility Act, requests for public comment on the need for regulatory
action, or important preregulatory policy proposals.
2. Proposed Rule--this section includes EPA rulemaking actions that
are within a year of proposal (publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rule--this section includes rules that will be issued as a
final rule within a year.
4. Long-Term Actions--this section includes rulemakings for which
the next scheduled regulatory action is after April 2012. We urge you
to explore becoming involved even if an action is listed in the Long-
Term category. By the
[[Page 40120]]
time an action is listed in the Proposed Rules category, you may have
missed the opportunity to participate in certain public meetings or
policy dialogues.
5. Completed Actions--this section contains actions that have been
promulgated and published in the Federal Register since publication of
the Fall 2010 Agenda. It also includes actions that EPA is no longer
considering. If an action appears in the completed section, it will not
appear in future agendas unless the Agency decides to initiate the
action again, in which case it will appear as a new entry. EPA also
announces the results of the Regulatory Flexibility Act section 610
reviews in this section of the agenda.
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule, and Contact Person. The E-Agenda has much
more extensive information on these actions including such things as e-
mail addresses and Internet URLs for additional information.
E-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet (). The notation
``Section 610 Review'' follows the title if we are reviewing the rule
as part of our periodic review of existing rules under section 610 of
the Regulatory Flexibility Act (RFA) (5 U.S.C. 610).
Priority: Entries are placed into one of five categories described
below. OMB reviews all significant rules including both of the first
two categories, ``economically significant'' and ``other significant.''
Economically Significant: Under EO 12866, a rulemaking action that
may have an annual effect on the economy of $100 million or more, or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of Federal
Regulations (e.g., certain State Implementation Plans, National
Priority List updates, Significant New Use Rules, State Hazardous Waste
Management Program actions, and Tolerance Exemptions). If an action
that would normally be classified Routine and Frequent is reviewed by
the Office of Management and Budget under EO 12866, then we would
classify the action as either ``Economically Significant'' or ``Other
Significant.''
Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of EO 12866.
Also, if a rule may be ``Major'' as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.) because it is likely to result in an
annual effect on the economy of $100 million or more or meets other
criteria specified in this law, appears under the ``Priority'' heading
with the statement ``Major under 5 U.S.C. 801.''
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (PL), Executive Order (EO), or common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a Notice of Proposed Rulemaking, a Final
Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates (and citations) that documents for this action
were published in the Federal Register and, where possible, a projected
date for the next step. Projected publication dates frequently change
during the course of developing an action. The projections in the
agenda are best estimates as of the date we submit the agenda for
publication. For some entries, the timetable indicates that the date of
the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates that it will be preparing a regulatory
flexibility analysis under section 603 or 604 of the RFA. Generally,
such an analysis is required for proposed or final rules subject to the
RFA that EPA believes may have a significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Unfunded Mandates: Section 202 of the Unfunded Mandates Reform Act
generally requires an assessment of anticipated costs and benefits if a
rule includes a mandate that may result in expenditures of more than
$100 million in any one year by State, local, and tribal governments,
in the aggregate, or by the private sector. If it is anticipated to
exceed this $100 million threshold, we note it in this section.
Energy Impacts: Indicates whether the action is a significant
energy action under EO 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and e-mail
address, if available, of a person who is knowledgeable about the
regulation.
[[Page 40121]]
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the Internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part. (Note: To submit comments on proposals,
you can go to the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question and submit comments. A docket
identification (ID) number will assist in the search for materials. We
include this number in the additional information section of many of
the agenda entries that have already been proposed.)
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN stand for the
EPA office with lead responsibility for developing the action.
G. How Can You Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly information of new rulemakings that the Agency's
senior managers have decided that we should develop. This list is also
distributed via e-mail. You can see the current list, known as the
Action Initiation List at http://www.epa.gov/lawsregs/search/ail.html
where you will also find information about how to get an e-mail
notification when a new list is posted.
H. What Tools for Mining Regulatory Agenda Data and for Finding More
About EPA Rules and Policies Are Available at Reginfo.gov, EPA.gov, and
Regulations.gov?
1. The http://www.reginfo.gov/Searchable Database
The Regulatory Information Service Center and Office of Information
and Regulatory Affairs have a Federal regulatory dashboard that allows
users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes powerful search, display, and
data transmission options. At that site you can:
1. See the preamble. At the URL listed above for the Unified Agenda
and Regulatory Plan, find ``Current Agenda Agency Preambles.''
Environmental Protection Agency is listed alphabetically under ``Other
Executive Agencies.''
2. Get a complete list of EPA's entries in the current edition of
the Agenda. Use the drop-down menu in the ``Select Agency'' box to find
Environmental Protection Agency and ``Submit.''
3. View the contents of all of EPA's entries in the current edition
of the Agenda. Choose ``Search'' from the ``Unified Agenda'' selection
in the toolbar at the top of the page. Within the ``Search of Agenda/
Regulatory Plan'' screen, open ``Advanced Search,'' then ``Continue.''
Select ``Environmental Protection Agency'' and ``Continue.'' Select
``Search,'' then ``View All RIN Data (Max 350).''
4. Get a listing of entries with specified characteristics. Follow
the procedure described immediately above for viewing the contents of
all entries, but on the screen entitled ``Advanced Search--Select
Additional Fields,'' choose the characteristics you are seeking before
``Search.'' For example, if you wish to see a listing of all
economically significant actions that may have a significant economic
impact on a substantial number of small businesses, you would check
``Economically Significant'' under ``Priority'' and ``Business'' under
``Regulatory Flexibility Analysis Required.''
5. Download the results of your searches in XML format.
2. Subject Matter EPA Web Sites
Some actions listed in the Agenda include a URL that provides
additional information.
3. Public Dockets
When EPA publishes either an Advanced Notice of Proposed Rulemaking
(ANPRM) or a NPRM in the Federal Register, the Agency typically
establishes a docket to accumulate materials throughout the development
process for that rulemaking. The docket serves as the repository for
the collection of documents or information related to a particular
Agency action or activity. EPA most commonly uses dockets for
rulemaking actions, but dockets may also be used for Regulatory
Flexibility Act section 610 reviews of rules with significant economic
impacts on a substantial number of small entities and for various non-
rulemaking activities, such as Federal Register documents seeking
public comments on draft guidance, policy statements, information
collection requests under the Paperwork Reduction Act, and other non-
rule activities. Docket information should be in that action's agenda
entry. All of EPA's public dockets can be located at
www.regulations.gov.
4. EPA's Rulemaking Gateway
EPA's Rulemaking Gateway (http://www.epa.gov/rulemaking/) serves as
a portal to EPA's priority rules, providing you with earlier and more
frequently updated information about Agency regulations than is
provided by the Regulatory Agenda.
The Rulemaking Gateway provides information as soon as work begins
and provides updates on a monthly basis as new information becomes
available. Time-sensitive information, such as notice of a public
meeting, is updated on a daily basis. Not all of EPA's Regulatory
Agenda entries appear on the Rulemaking Gateway; only priority
rulemakings can be found on the Gateway.
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. EPA is
closing the 610 review for two rules in 2011.
----------------------------------------------------------------------------------------------------------------
Rule reviewed RIN Docket ID No.
----------------------------------------------------------------------------------------------------------------
Effluent Guidelines and Standards for the 2040-AF18 EPA-HQ-OW-2010-0169
Centralized Waste Treatment Industry
(Section 610 Review).
National Primary Drinking Water Regulations; 2040-AF24 EPA-HQ-OW-2010-0728
Arsenic and Clarifications to Compliance and
New Source Contaminants Monitoring (Section
610 Review).
----------------------------------------------------------------------------------------------------------------
EPA has established official public dockets for these 610 Reviews
under the docket identification (ID) numbers as indicated above. All
documents in the dockets are listed on the www.regulations.gov Web
site. Although listed in the index, some information is not publicly
available; e.g., confidential business information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material,
[[Page 40122]]
is not placed on the Internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
either electronically through www.regulations.gov or in hard copy at
the Water docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC 20460. The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744.
J. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
For each of our rulemakings, we consider whether there will be any
adverse impact on any small entity. EPA attempts to fit the regulatory
requirements, to the extent feasible, to the scale of the businesses,
organizations, and governmental jurisdictions subject to the
regulation.
Under RFA/SBREFA (the Regulatory Flexibility Act as amended by the
Small Business Regulatory Enforcement Fairness Act), the Agency must
prepare a formal analysis of the potential negative impacts on small
entities, convene a Small Business Advocacy Review Panel (proposed rule
stage), and prepare a Small Entity Compliance Guide (final rule stage)
unless the Agency certifies a rule will not have a significant economic
impact on a substantial number of small entities. For more detailed
information about the Agency's policy and practice with respect to
implementing RFA/SBREFA, please visit the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.
For a list of the rules under development for which a Regulatory
Flexibility Analysis will be required, go to http://www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda and
click on Regulatory Flexibility Analysis--Required toward the bottom of
the page.
K. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are a valuable tool for addressing the problems
we face, and the regulatory agenda is an important part of that
process.
Dated: March 15, 2011.
Louise Wise,
Deputy Associate Administrator, Office of Policy.
10Clean Air Act--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
266....................... National Emission 2060-AP52
Standards for Hazardous
Air Pollutants From Coal-
and Oil-fired Electric
Utility Steam Generating
Units and Standards of
Performance for Electric
Utility Steam Generating
Units.
267....................... Revision of New Source 2060-AP93
Performance Standards for
New Residential Wood
Heaters.
------------------------------------------------------------------------
10Clean Air Act--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
268....................... Implementation of the 1997 2060-AO96
8-Hr Ozone NAAQS:
Classification of Subpart
1 Areas and Revision to
AntiBacksliding
Provisions; Deletion of
Obsolete 1-Hr Ozone
Standard Provisions.
269....................... Supplemental 2060-AQ36
Determinations for
Renewable Fuels Produced
Under the Final RFS2
Program From Palm Oil.
------------------------------------------------------------------------
10Clean Air Act--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
270....................... SAN No. 5367 NESHAP: Brick 2060-AP69
and Structural Clay
Products and Clay
Products.
271....................... Supplemental Determination 2060-AQ49
for Renewable Fuels
Produced Under the Final
RFS2 Program From
Pulpwood.
272....................... Supplemental Determination 2060-AQ64
for Renewable Fuels
Produced Under the Final
RFS2 Program From Sorghum.
------------------------------------------------------------------------
10Clean Air Act--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
273....................... National Emission 2060-AM44
Standards for Hazardous
Air Pollutants for Area
Sources: Industrial,
Commercial, and
Institutional Boilers.
274....................... National Emission 2060-AQ25
Standards for Hazardous
Air Pollutants for Major
Sources: Industrial,
Commercial &
Institutional Boilers and
Process Heaters.
------------------------------------------------------------------------
[[Page 40123]]
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Proposed
Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
275....................... Pesticides; Certification 2070-AJ20
of Pesticide Applicators.
276....................... Pesticides; Agricultural 2070-AJ22
Worker Protection
Standard Revisions.
277....................... Pesticides; 2070-AJ45
Reconsideration of
Exemptions for Insect
Repellents.
------------------------------------------------------------------------
Toxic Substances Control Act (TSCA)--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
278....................... Lead; Renovation, Repair, 2070-AJ56
and Painting Program for
Public and Commercial
Buildings.
279....................... Formaldehyde Emissions 2070-AJ44
From Pressed Wood
Products.
------------------------------------------------------------------------
Toxic Substance Contol Act (TSCA)--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
280....................... Lead; Clearance and 2070-AJ57
Clearance Testing
Requirements for the
Renovation, Repair, and
Painting Program.
------------------------------------------------------------------------
Comprehensive Environmental Response, Compensation and Liability Act--
Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
281....................... Financial Responsibility 2050-AG61
Requirements Under CERCLA
Section 108(b) for
Classes of Facilities in
the Hard Rock Mining
Industry.
------------------------------------------------------------------------
70Clean Water Act--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
282....................... Stormwater Regulations 2040-AF13
Revision to Address
Discharges From Developed
Sites.
------------------------------------------------------------------------
70Clean Water Act--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
283....................... Effluent Guidelines and 2040-AF18
Standards for the
Centralized Waste
Treatment Industry
(Completion of a Section
610 Review).
------------------------------------------------------------------------
Safe Drinking Water Act (SDWA)--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
284....................... National Primary Drinking 2040-AF24
Water Regulations;
Arsenic and
Clarifications to
Compliance and New Source
Contaminants Monitoring
(Section 610 Review).
------------------------------------------------------------------------
Safe Drinking Water Act (SDWA)--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
285....................... SAN No. 2281 National 2040-AA94
Primary Drinking Water
Regulations: Radon.
------------------------------------------------------------------------
[[Page 40124]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Proposed Rule Stage
266. National Emission Standards for Hazardous Air Pollutants from
Coal- and Oil-Fired Electric Utility Steam Generating Units and
Standards of Performance for Electric Utility Steam Generating Units
Legal Authority: Clean Air Act sec 112(d); Clean Air Act sec 111(b)
Abstract: On May 18, 2005 (70 FR 28606), EPA published a final rule
requiring reductions in emissions of mercury from Electric Utility
Steam Generating Units. That rule was vacated on February 8, 2008, by
the U.S. Court of Appeals for the District of Columbia Circuit. As a
result of that vacatur, coal- and oil-fired electric utility steam
generating units remain on the list of sources that must be regulated
under section 112 of the Clean Air Act (CAA). The Agency will develop
standards under CAA section 112(d) which will reduce hazardous air
pollutant (HAP) emissions from this source category. Recent court
decisions on other CAA section 112(d) rules will be considered in
developing this regulation.
Under this action EPA will also propose amendments to the criteria
pollutant new source performance standards (NSPS) for utilities. On
February 27, 2006, EPA promulgated amendments to the utility NSPS and
was subsequently sued by multiple state attorney general offices and
environmental organizations. On September 2, 2009, EPA was granted a
voluntary remand without vacatur of the 2006 amendments. Combining the
two rules is a single action provides interested parties the
opportunity to provide comments on the combined requirements of the 2
rules. It also avoids double counting either costs or environmental
benefits of the separate rules.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/11 76 FR 24976
NPRM Comment Period End............. 07/05/11
Final Action........................ 12/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bill Maxwell, Environmental Protection Agency, Air
and Radiation, D243-01, RTP, NC 27711, Phone: 919 541-5430, Fax: 919
541-5450, E-mail: maxwell.bill@epamail.epa.gov.
Robert J Wayland, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-
1045, E-mail: wayland.robertj@epamail.epa.gov.
RIN: 2060-AP52
267. Revision of New Source Performance Standards for New Residential
Wood Heaters
Legal Authority: CAA sec 111
Abstract: EPA is revising the New Source Performance Standards
(NSPS) for residential wood heaters under the Clean Air Act Section
111(b)(1)(B). This action is necessary because it updates the 1988 NSPS
to reflect significant advancements in wood heater technologies and
design, broaden the range of residential wood heating appliances
covered by the regulation, and improve and streamline implementation
procedures. This rule is expected to require manufacturers to redesign
wood heaters to be cleaner and lower emitting. In general, the design
changes will also make the heaters perform better and be more
efficient. The revisions are also expected to retain the requirement
for manufacturers to contract for testing of model lines by third-party
independent laboratories, report the results to EPA, and label the
models accordingly. This action does not apply to existing residential
woodstoves, pellet stoves and other residential biomass heating units
and may apply to other units.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/12
Final Action........................ 06/00/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gil Wood, Environmental Protection Agency, Air and
Radiation, C404-05, RTP, NC 27711, Phone: 919 541-5272, Fax: 919 541-
0242, E-mail: wood.gil@epa.gov.
David Cole, Environmental Protection Agency, Air and Radiation,
C404-05, RTP, NC 27711, Phone: 919 541-5565, Fax: 919 541-0242, E-mail:
cole.david@epa.gov.
RIN: 2060-AP93
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Final Rule Stage
268. Implementation of the 1997 8-Hr Ozone NAAQS: Classification of
Subpart 1 Areas and Revision to Anti-backsliding Provisions; Deletion
of Obsolete 1-Hr Ozone Standard Provisions.
Legal Authority: 42 U.S.C. 7410; 42 U.S.C. 7511 to 7511f; 42 U.S.C.
7601(a)(1)
Abstract: This rulemaking action would revise the rule for
implementation of the 8-hour ozone national ambient air quality
standard (NAAQS) to address partial vacatur by the U.S. Circuit Court
of Appeals for the District of Columbia Circuit. The rulemaking would
remove the portions of the regulatory text vacated by the Court,
specifically: (1) the provision that places some 8-hour ozone
nonattainment areas under title I, part D, subpart 1 of the CAA; (2)
remove the exemption from anti-backsliding for the following three
obligations under the now-revoked 1-hour ozone NAAQS:
--New source review;
--CAA Section 185 penalty fees for severe and extreme areas that fail
to attain the 1-hour standard by their attainment date; and
--Contingency measures for failure to attain the 1-hour standard or
make reasonable progress toward attainment.
The rule would also address: (1) The classification system for
nonattainment areas that the implementation rule originally covered
under Clean Air Act (CAA) title I, part D, subpart 1; and (2)
contingency measures that apply as anti-backsliding measures under the
now-revoked 1-hour standard. The rule would also remove an obsolete
provision in the 1-hour ozone standard itself (40 CFR 50.9(c)).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/16/09 74 FR 2936
NPRM Comment Period End............. 02/17/09
Final Action........................ 06/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lynn Dail, Environmental Protection Agency, Air and
Radiation, C539-01, RTP, NC 27711, Phone: 919 541-2363, Fax: 919 541-
5689, E-mail: dail.lynn@epamail.epa.gov.
[[Page 40125]]
Kimber Scavo, Environmental Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, NW, RTP, NC 27711, Phone: 919 541-3354, Fax: 919
541-4028, E-mail: scavo.kimber@epamail.epa.gov.
RIN: 2060-AO96
269. Supplemental Determinations for Renewable Fuels Produced Under the
Final RFS2 Program From Palm Oil
Legal Authority: Clean Air Act sec 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such as biofuels produced from palm oil, could not be
completed in time for the final rule. In the process of assessing these
fuels, the Agency is issuing determinations through several
supplemental notices to the final rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Direct Final Action................. 10/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Paul Argyropoulos, Environmental Protection Agency,
Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-
1123, Fax: 202 564-1686, E-mail: argyropoulos.paul@epa.gov.
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060-AQ36
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Long-Term Actions
270. Neshap: Brick and Structural Clay Products and Clay Products
Legal Authority: Not Yet Determined
Abstract: This rulemaking will establish emission limits for
hazardous air pollutants (HF, HCl and metals) emitted from brick and
clay ceramics kilns and glazing operations at clay ceramics production
facilities. The brick and structural clay products industry primarily
includes facilities that manufacture brick, clay, pipe, roof tile,
extruded floor and wall tile, and other extruded dimensional clay
products from clay, shale, or a combination of the two. The
manufacturing of brick and structural clay products involves mining,
raw material processing (crushing, grinding, and screening), mixing,
forming, cutting or shaping, drying, and firing. Ceramics are defined
as a class of inorganic, nonmetallic solids that are subject to high
temperature in manufacture and/or use. The clay ceramics manufacturing
source category includes facilities that manufacture traditional
ceramics, which include ceramic tile, dinnerware, sanitaryware,
pottery, and porcelain. The primary raw material used in the
manufacture of these traditional ceramics is clay. The manufacturing of
clay ceramics involves raw material processing (crushing, grinding, and
screening), mixing, forming, shaping, drying, glazing, and firing.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Telander, Environmental Protection Agency, Air
and Radiation, D243-02, RTP, NC 27711, Phone: 919 541-5427, Fax: 919
541-5600, E-mail: telander.jeff@epamail.epa.gov.
Steve Fruh, Environmental Protection Agency, Air and Radiation,
D243-02, RTP, NC 27711, Phone: 919 541-2837, Fax: 919 541-3207, E-mail:
fruh.steve@epa.gov.
RIN: 2060-AP69
271. Supplemental Determination for Renewable Fuels Produced Under the
Final RFS2 Program From Pulpwood
Legal Authority: Clean Air Act sec 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such as renewable fuels from pulpwood could not be completed
in time for the final rule. In the process of assessing these fuels,
the Agency is issuing determinations through several supplemental
notices to the final rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Direct Final Action................. To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Paul Argyropoulos, Environmental Protection Agency,
Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-
1123, Fax: 202 564-1686, E-mail: argyropoulos.paul@epa.gov.
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060-AQ49
272. Supplemental Determination for Renewable Fuels Produced
Under the Final RFS2 Program From Sorghum
Legal Authority: Clean Air Act sec 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such as renewable fuels from sorghum could not be completed in
time for the final rule. In the process of assessing these fuels, the
Agency is issuing determinations through several supplemental notices
to the final rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Paul Argyropoulos, Environmental Protection Agency,
Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-
1123, Fax: 202 564-1686, E-mail: argyropoulos.paul@epa.gov.
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060-AQ64
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Completed Actions
273. National Emission Standards for Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and Institutional Boilers
Legal Authority: Clean Air Act sec 112
Abstract: The Clean Air Act (CAA) requires that EPA develop
standards for
[[Page 40126]]
toxic air pollutants, also known as hazardous air pollutants or air
toxics for certain categories of sources. These pollutants are known or
suspected to cause cancer and other serious health and environmental
effects. This regulatory action will develop emission standards for
boilers located at area sources. An area source facility emits or has
the potential to emit less than 10 tons per year (tpy) of any single
air toxic or less than 25 tpy of any combination of air toxics. Boilers
burn coal and other substances such as oil or biomass (e.g., wood) to
produce steam or hot water, which is then used for energy or heat.
Industrial boilers are used in manufacturing, processing, mining,
refining, or any other industry. Commercial and institutional boilers
are used in commercial establishments, medical centers, educational
facilities and municipal buildings. The majority of area source boilers
covered by this proposed rule are located at commercial and
institutional facilities and are generally owned or operated by small
entities. EPA estimates that there are approximately 183,000 existing
area source boilers at 91,000 facilities in the United States and that
approximately 6,800 new area source boilers will be installed over the
next 3 years. The rule will cover boilers located at area source
facilities that burn coal, oil, biomass, or secondary ``non-waste''
materials. Natural gas-fired area source boilers are not part of the
categories to be regulated. The rule will reduce emissions of a number
of toxic air pollutants including mercury, metals, and organic air
toxics. The standards for area sources must be technology-based.
Standards for area sources can be based on either generally available
control technology (GACT), or maximum achievable control technology
(MACT). To determine GACT, we look at methods, practices and techniques
that are commercially available and appropriate for use by the sources
in the category. We consider the economic impacts on sources in the
category and the technical capabilities of the firms to operate and
maintain the emissions control systems. MACT can be based on the
emissions reductions achievable through application of measures,
processes, methods, systems, or techniques, but must at least meet
minimum control levels as defined in the Clean Air Act. Economic
impacts cannot be considered when determining those minimum control
levels.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/04/10 75 FR 31895
NPRM Comment Period End............. 07/19/10
NPRM Extension of Comment Period.... 06/09/10 75 FR 32682
NPRM Extension of Comment Period End 08/03/10
Final Action........................ 03/21/11 76 FR 15554
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mary Johnson, Environmental Protection Agency, Air
and Radiation, D243-01, Research Triangle Park, NC 27711, Phone: 919
541-5025, E-mail: johnson.mary@epa.gov.
Robert J Wayland, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-
1045, E-mail: wayland.robertj@epamail.epa.gov.
RIN: 2060-AM44
274. National Emission Standards for Hazardous Air Pollutants for Major
Sources: Industrial, Commercial & Institutional Boilers and Process
Heaters
Legal Authority: Clean Air Act section 112
Abstract: Section 112 of the Clean Air Act (CAA) outlines the
statutory requirements for EPA's stationary source air toxics program.
Section 112 mandates that EPA develop standards for hazardous air
pollutants (HAP) for both major and area sources listed under section
112(c). This regulatory action will finalize emission standards for
boilers and process heaters located at major sources. Section 112(d)(2)
requires that emission standards for major sources be based on the
maximum achievable control technology (MACT). Industrial boilers and
institutional/commercial boilers are on the list of section 112(c)(6)
source categories. In this rulemaking, EPA will finalize standards for
these source categories.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/04/10 75 FR 32006
NPRM Extension of Comment Period.... 06/09/10 75 FR 32682
Final Action........................ 03/21/11 76 FR 15608
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Shrager, Environmental Protection Agency, Air
and Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919
541-7689, E-mail: shrager.brian@epa.gov.
Robert J Wayland, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-
1045, E-mail: wayland.robertj@epamail.epa.gov.
RIN: 2060-AQ25
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
275. Pesticides; Certification of Pesticide Applicators
Legal Authority: 7 U.S.C. 136; 7 U.S.C. 136i; 7 U.S.C. 136w
Abstract: EPA is proposing change to the federal regulations under
the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that
guide the certified pesticide applicator program (40 CFR 171). Change
is sought to strengthen the regulations to better protect pesticide
applicators and the public and the environment from harm due to
pesticide exposure. The possible need for change arose from EPA
discussions with key stakeholders. EPA has been in extensive
discussions with stakeholders since 1997 when the Certification and
Training Assessment Group (CTAG) was established. CTAG is a forum used
by regulatory and academic stakeholders to discuss the current state
of, and the need for improvements in, the national certified pesticide
applicator program. Throughout these extensive interactions with
stakeholders, EPA has learned of the potential need for changes to the
regulation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/12
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathy Davis, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7506P, Washington,
DC 20460, Phone: 703 308-7002, Fax: 703 308-2962, E-mail:
davis.kathy@epa.gov.
Richard Pont, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone:
703 305-6448, Fax: 703 308-2962, E-mail: pont.richard@epa.gov.
RIN: 2070-AJ20
[[Page 40127]]
276. Pesticides; Agricultural Worker Protection Standard Revisions
Legal Authority: 7 U.S.C. 136 and 136(w)
Abstract: EPA is developing a proposal under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) to revise the
federal regulations guiding agricultural worker protection (40 CFR
170). The changes under consideration are intended to improve
agricultural workers' ability to protect themselves from potential
exposure to pesticides and pesticide residues. In addition, EPA is
proposing to make adjustments to improve and clarify current
requirements and facilitate enforcement. Other changes sought are to
bring hazard communication requirements more in line with OSHA
requirements and make improvements to pesticide safety training, with
improved worker safety the intended outcome. The potential need for
change arose from EPA discussions with key stakeholders beginning in
1996 and continuing through 2004. EPA held nine public meetings
throughout the country during which the public submitted written and
verbal comments on issues of their concern. In 2000 through 2004, EPA
held meetings where invited stakeholders identified their issues and
concerns with the regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/12
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathy Davis, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7506P, Washington,
DC 20460, Phone: 703 308-7002, Fax: 703 308-2962, E-mail:
davis.kathy@epa.gov.
Richard Pont, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone:
703 305-6448, Fax: 703 308-2962, E-mail: pont.richard@epa.gov.
RIN: 2070-AJ22
277. Pesticides; Reconsideration of Exemptions for Insect Repellents
Legal Authority: 7 U.S.C. 136(a) and 136(w)
Abstract: EPA is developing rulemaking to modify the minimum risk
pesticides exemption under 40 CFR 152.25(f) to exclude personally
applied insect repellents from the exemption and require an abbreviated
data set for such products. EPA is taking this action because these
pesticides claim to control pests of significant public health
importance.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/12
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Boyle, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7506P, Washington,
DC 20460, Phone: 703 305-6304, Fax: 703 305-5884, E-mail:
boyle.kathryn@epa.gov.
Niva Kramek, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone:
703 605-1193, Fax: 703 305-5884, E-mail: kramek.niva@epa.gov.
RIN: 2070-AJ45
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
278. Lead; Renovation, Repair, and Painting Program for Public and
Commercial Buildings
Legal Authority: 15 U.S.C. 2682(c)(3)
Abstract: Section 402(c)(3) of the Toxic Substances Control Act
(TSCA) requires EPA to regulate renovation or remodeling activities in
target housing (most pre-1978 housing), pre-1978 public buildings, and
commercial buildings that create lead-based paint hazards. On April 22,
2008, EPA issued a final rule to address lead-based paint hazards
created by these activities in target housing and child-occupied
facilities built before 1978 (child-occupied facilities are a subset of
public and commercial buildings or facilities where children under age
6 spend a great deal of time). The 2008 rule established requirements
for training renovators, other renovation workers, and dust sampling
technicians; for certifying renovators, dust sampling technicians, and
renovation firms; for accrediting providers of renovation and dust
sampling technician training; for renovation work practices; and for
recordkeeping. This new rulemaking will address renovation or
remodeling activities in the remaining buildings described in TSCA
section 402(c)(3): public buildings built before 1978 and commercial
buildings that are not child-occupied facilities. On May 6, 2010, EPA
announced the commencement of proceedings to propose lead-safe work
practices and other requirements for renovations on the exteriors of
public and commercial buildings and to determine whether lead-based
paint hazards are created by interior renovation, repair, and painting
projects in public and commercial buildings. For those renovations in
the interiors of public and commercial buildings that create lead-based
paint hazards, EPA will propose regulations to address these hazards.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 05/06/10 75 FR 24848
NPRM; Exteriors..................... 12/00/11
Final Action........................ 07/00/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hans Scheifele, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 564-3122, E-mail: scheifele.hans@epa.gov.
Cindy Wheeler, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone:
202 566-0484, E-mail: wheeler.cindy@epa.gov.
RIN: 2070-AJ56
279. Formaldehyde Emissions From Pressed Wood Products
Legal Authority: 15 U.S.C. 2697 (TSCA sec 601)
Abstract: In 2008, EPA initiated a proceeding under Toxics
Substance and Control Act (TSCA) to investigate risks posed by
formaldehyde emitted from pressed wood products. An advance notice of
proposed rulemaking (ANPRM) sought to engage stakeholders to contribute
to obtaining a better understanding of the available control
technologies and approaches, industry practices, and the implementation
of California's formaldehyde emission limits. Subsequently, EPA
developed an industry survey to obtain more information on these ANPR
topics and continued to assess the hazards of and exposures to
formaldehyde emissions from pressed wood products. On July 7, 2010, the
Formaldehyde Standards for Composite Wood Products Act was enacted.
This law amends TSCA to establish specific formaldehyde emission limits
for hardwood plywood, particleboard, and medium-density fiberboard,
which limits are identical to the California emission limits for these
products. The law further requires EPA to promulgate implementing
regulations by January 1, 2013.
Timetable:
[[Page 40128]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/03/08 73 FR 73620
ANPRM: Extension of Comment Period.. 01/30/09 74 FR 5632
NPRM................................ 01/00/12
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cindy Wheeler, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 566-0484, E-mail: wheeler.cindy@epa.gov.
Lynn Vendinello, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460,
Phone: 202 566-0514, E-mail: vendinello.lynn@epa.gov.
RIN: 2070-AJ44
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
280. Lead; Clearance and Clearance Testing Requirements for the
Renovation, Repair, and Painting Program
Legal Authority: 15 U.S.C. 2601(c); 15 U.S.C. 2682(c)(3); 15 U.S.C.
2684; 15 U.S.C. 2686 and 2687
Abstract: On May 6, 2010, EPA proposed several revisions to the
2008 Lead Renovation, Repair, and Painting Program (RRP) rule that
established accreditation, training, certification, and recordkeeping
requirements as well as work practice standards for persons performing
renovations for compensation in most pre-1978 housing and child-
occupied facilities. Current requirements include training renovators,
other renovation workers, and dust sampling technicians; for certifying
renovators, dust sampling technicians, and renovation firms; for
accrediting providers of renovation and dust sampling technician
training; for renovation work practices; and for recordkeeping. EPA is
particularly concerned about dust lead hazards generated by renovations
because of the well documented toxicity of lead, especially to younger
children. This proposal includes additional requirements designed to
ensure that lead-based paint hazards generated by renovation work are
adequately cleaned after renovation work is finished and before the
work areas are re-occupied. Specifically, EPA proposed to require dust
wipe testing after many renovations covered by the RRP rule. For a
subset of jobs involving demolition or removal of plaster through
destructive means or the disturbance of paint using machines designed
to remove paint through high-speed operation, such as power sanders or
abrasive blasters, this proposal would also require the renovation firm
to demonstrate, through dust wipe testing, that dust-lead levels
remaining in the work area are below regulatory levels.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/06/10 75 FR 25038
NPRM Extension of Comment Period.... 07/07/10 75 FR 38959
Final Action........................ 07/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cindy Wheeler, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 566-0484, E-mail: wheeler.cindy@epa.gov.
Michelle Price, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone:
202 566-0744.
RIN: 2070-AJ57
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
281. Financial Responsibility Requirements Under Cercla Section 108(B)
for Classes of Facilities in the Hard Rock Mining Industry
Legal Authority: 42 U.S.C. 9601 et seq.; 42 U.S.C. 9608 (b)
Abstract: Section 108(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
establishes certain authorities concerning financial responsibility
requirements. The Agency has identified classes of facilities within
the Hard Rock mining industry as those for which financial
responsibility requirements will be first developed. EPA intends to
include requirements for financial responsibility, as well as
notification and implementation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Priority Notice..................... 07/28/09 74 FR 37213
NPRM................................ 02/00/12
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ben Lesser, Environmental Protection Agency, Solid
Waste and Emergency Response, 5302P, Washington, DC 20460, Phone: 703
308-0314, E-mail: lesser.ben@epa.gov.
David Hockey, Environmental Protection Agency, Solid Waste and
Emergency Response, 5303P, Washington, DC 20460, Phone: 703 308-8846,
E-mail: hockey.david@epa.gov.
RIN: 2050-AG61
ENVIRONMENTAL PROTECTION AGENCY (EPA)
70Clean Water Act
Proposed Rule Stage
282. Stormwater Regulations Revision to Address Discharges from
Developed Sites
Legal Authority: 33 U.S.C. 1251 et seq.
Abstract: Stormwater discharge from developed areas is a major
cause of degradation of surface waters. This is true for both
conveyance of pollutants and the erosive power of increased stormwater
flow rates and volumes. Current stormwater regulations were promulgated
in 1990 and 1999. In 2006, the Office of Water asked the National
Research Council (NRC) to review the stormwater program and recommend
ways to strengthen it. The NRC Report, which was finalized in October
2008, found that the current stormwater program `` * * * is not likely
to adequately control stormwater's contribution to waterbody
impairment'' and recommended that EPA take action to address the
harmful effects of stormwater flow. This proposed action would
establish requirements for, at minimum, managing stormwater discharges
from newly developed and re-developed sites, to reduce the amount of
pollutants in stormwater discharges entering receiving waters by
reducing the discharge of excess stormwater. This action may also
expand the scope of municipal separate storm sewer systems (MS4)
required to be regulated under NPDES permits, to include rapidly
developing areas and to cover some discharges that are not currently
regulated. The Phase I and Phase II MS4 regulations might also be
combined and amended, and may include provisions for better managing
existing discharges.
Timetable:
[[Page 40129]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/11
Final Action........................ 11/00/12
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Connie Bosma, Environmental Protection Agency,
Water, 4203M, Washington, DC 20460, Phone: 202 564-6773, Fax: 202 564-
6392, E-mail: bosma.connie@epamail.epa.gov.
Janet Goodwin, Environmental Protection Agency, Water, 4303T,
Washington, DC 20460, Phone: 202 566-1060, E-mail:
goodwin.janet@epamail.epa.gov.
RIN: 2040-AF13
ENVIRONMENTAL PROTECTION AGENCY (EPA)
70Clean Water Act
Completed Actions
283. Effluent Guidelines and Standards for the Centralized Waste
Treatment Industry (Completion of a Section 610 Review)
Legal Authority: 5 U.S.C. 610
Abstract: In December 2000, EPA promulgated effluent limitations
for the Centralized Waste Treatment (CWT) Point Source Category at 40
CFR 437 (65 FR 81241, December 22, 2000). A CWT facility treats or
recovers hazardous or non-hazardous industrial waste, wastewater, or
used material from off-site. The regulation established wastewater
discharge standards for three major types of wastes: metal-bearing,
oily, and organic. EPA issued a Small Entity Compliance Guide, which
provides easy-to-read descriptions of the regulations and other helpful
information on how to comply such as a question and answer section.
Pursuant to Section 610 of the Regulatory Flexibility Act, on April
26, 2010, EPA initiated a review of the rule to determine if it should
be continued without change, or should be rescinded or amended to
minimize adverse economic impacts on small entities (75 FR 21882). As
part of this review, EPA considered, and solicited comments on, the
following factors: (1) The continued need for the rule; (2) the nature
of complaints or comments received concerning the rule; (3) the
complexity of the rule; (4) the extent to which the rule overlaps,
duplicates, or conflicts with other Federal, State, or local government
rules; and (5) the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule. The
comment period closed July 31, 2010. EPA received no comments, and the
Agency has concluded that the rule needs no revisions at this time to
minimize the impacts on small entities. The rule will remain in effect
without modification.
The Docket ID number is EPA-HQ-OW-2010-0169. EPA summarized the
results of the review in a report, which is available in the rulemaking
docket referenced above. You can access that docket at http://www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 12/22/00 65 FR 81241
Begin Review........................ 04/26/10 75 FR 21882
End Comment Period.................. 07/31/10 75 FR 21882
End Review.......................... 04/25/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Erik Helm, Environmental Protection Agency, Water,
4303T, Washington, DC 20460, Phone: 202 566-1049, Fax: 202 566-1053, E-
mail: helm.erik@epamail.epa.gov.
RIN: 2040-AF18
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Prerule Stage
284. National Primary Drinking Water Regulations; Arsenic and
Clarifications to Compliance and New Source Contaminants Monitoring
(Section 610 Review)
Legal Authority: 5 U.S.C. 610
Abstract: On January 22, 2001, EPA revised the Maximum Contaminant
Level (MCL) for arsenic to 0.010 mg/L (10.0 [micro]g/L). This
regulation applies to non-transient non-community water systems and to
community water systems (66 FR 6976). While EPA has taken steps to
evaluate and mitigate impacts on small entities as part of the
promulgation of the Arsenic Rule, EPA reviewed the National Primary
Drinking Water Rule (NPDWR) for arsenic pursuant to section 610 of the
Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, EPA
considered and solicited comments on the following factors: (1) The
continued need for the rule; (2) the nature of complaints or comments
received concerning the rule; (3) the complexity of the rule; (4) the
extent to which the rule overlaps, duplicates, or conflicts with other
Federal, State, or local government rules; and (5) the degree to which
the technology, economic conditions or other factors have changed in
the area affected by the rule. EPA is currently reviewing the public
comments received in response to this review and is developing a
response to comment document, which will be posted in the docket
(EPA-OW-2010-0728) upon completion of this review by fall
2011. The docket can be accessed at http://www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/22/01 66 FR 6976
Initiate 610 Review................. 12/20/10 75 FR 79844
End Comment Period.................. 02/18/11
Completion of 610 Review............ 10/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Stephanie Flaharty, Environmental Protection
Agency, Water, 4601M, Washington, DC 20460, Phone: 202 564-5072, E-
mail: flaharty.stephanie@epamail.epa.gov.
Wynne Miller, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460, Phone: 202 564-4887, Fax: 202 564-3760, E-mail:
miller.wynne@epamail.epa.gov.
RIN: 2040-AF24
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
285. National Primary Drinking Water Regulations: Radon
Legal Authority: 42 U.S.C. 300f, et seq.
Abstract: In 1999, EPA proposed regulations for radon which provide
flexibility in how to manage the health risks from radon in drinking
water. The proposal was based on the unique framework in the 1996 SDWA.
The proposed regulation would provide for either a maximum contaminant
level (MCL), or an alternative maximum contaminant level (AMCL) with a
multimedia mitigation (MMM) program to address radon in indoor air.
Under the proposal, public water systems in States that adopted
qualifying MMM programs would be subject to the AMCL, while those in
States that did not adopt such programs would be subject to the MCL.
Timetable:
[[Page 40130]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/30/86 51 FR 34836
NPRM Original....................... 07/18/91 56 FR 33050
Notice99............................ 02/26/99 64 FR 9560
NPRM................................ 11/02/99 64 FR 59246
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rebecca Allen, Environmental Protection Agency,
Water, 4607M, Washington, DC 20460, Phone: 202 564-4689, Fax: 202 564-
3760, E-mail: allen.rebeccak@epamail.epa.gov.
Eric Burneson, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460, Phone: 202 564-5250, E-mail:
burneson.eric@epamail.epa.gov.
RIN: 2040-AA94
[FR Doc. 2011-15496 Filed 7-6-11; 8:45 am]
BILLING CODE 6560-50-P